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The 2023 Edition is Available of A Trademark is Not a Copyright or a Patent by William M. Borchard


We are pleased to announce that Bill Borchard has produced the 2023 edition of his popular publication A Trademark is Not a Copyright or a PatentThis is its 49th year.  We invite you to download as many copies as you wish from our website.  

The main changes in this edition:


  • Added a paragraph on trademark fair use.


  • Added a paragraph on joint authorship.
  • Added a paragraph on copyright fair use.
  • Shortened the paragraphs on related laws protecting semiconductor chips, vessel hull designs, and counterfeit or illicit labels.

Although not mentioned in this publication, we have circulated a Trademark Law Alert that a new three-month deadline, instead of the prior six-month deadline, became effective December 3, 2022 to respond to a Trademark Office Action regarding applications for registration. Trademark applicants have the option to request one three-month extension for a fee of $125. If the applicant does not respond by the deadline, the application is deemed abandoned.  This new rule does not apply Madrid Protocol applicants.

For further information please contact William M. Borchard or your CLL attorney.

William M. Borchard

 William M. Borchard


Email | 212.790.9290

Bill advises on domestic and international trademark matters at the highest level. His practice consists of counseling clients and handling domestic and international trademark and copyright matters including clearance, registration, proper use, licensing, contested administrative proceedings and infringement claims.

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